• Tenant absconding and not vacating the apartment

My tenant is not vacating my apartment after repeated notice. I had 11 month lease agreement which expired last year. At present my tenant is absconding to avoid police action against him for a dowry case filed by his wife. His wife has locked the apartment and not allowing him to vacate. The tenant has not paid last 2 months rent and refused to come to Bangalore for vacating the apartment. What can i do in this case?
Asked 10 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
File a suit for eviction agaisnt the tenant. In his absence the suit is likely to be decreed ex aprte.
Thereafter get the decree execeuted and get back your vacant possession.
His wife can not restrain you from getting back your possession either through the legal process or if tenant wishes to vacate the flat.
Devajyoti Barman
Advocate, Kolkata
6923 Answers
78 Consultations
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File a case for recovery of possession and also arrears of rent against him. You cannot break open the lock as he is settled possession. So file the suit as early as possible.
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
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1) issue legal notice to licensee to vacate the premises . The notice should be served at address mentioned in the agreement 

2) if he refuses to vacate or does not reply to legal notice file suit for eviction and also claim arrears of rent 

Ajay Sethi
Advocate, Mumbai
27419 Answers
1491 Consultations
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File a police complaint in this regard, stating very clearly that despite several notices to your tenant he has not responded to a single one, and that he has been a chronic defaulter in payment of rents, in this regard his wife has illegally locked the apartment and is not allowing her husband to vacate the said demised flat, both these actions are illegal and therefore the police must intervene and summon both the husband and wife and allow the husband to vacate the premises in their presence and hand over the vacant possession of the flat back to you. If the police refuse to take the complaint, then you have no option but to file a suit for ejectment of the tenant.
Kiran N. Murthy
Advocate, Bangalore
823 Answers
58 Consultations
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Hello,
1) You can file a complaint against the tenant's wife for having trespassed and put a lock on the house. 

2) As the tenant is absconding you can take the help of the local police to take possession of the house by breaking open the lock in the presence of witnesses and have all his belongings listed  and kept away.

3) If the police refuses to help you will need to approach the court to evict the tenant and take possession of the house. As he is absconding it will be easier to get the police to act through a court order.
S J Mathew
Advocate, Mumbai
1987 Answers
80 Consultations
5.0 on 5.0
If the tenant has not paid the rent you are eligible to issue him a notice to vacate for default in rental payment.
You can issue notice to his present address itself by registered post, let it return undelivered, you can file an eviction petition and the summons be affixed on the tenanted property which is now locked.  Get an exparte order and file an execution petition to break open the locked house  and for possession.
Consult an advocate and move accordingly.
T Kalaiselvan
Advocate, Vellore
17560 Answers
166 Consultations
5.0 on 5.0
A. Lease Agreement will be terminated once the period is completed. Hence, you will have to issue termination notice to the tenant.

B. Thereafter, you can move a court by filing an eviction petition to vacate the premises.

C. Once you obtain the Court order, then you can vacate him with the help of Police.
B.T. Ravi
Advocate, Bangalore
751 Answers
36 Consultations
5.0 on 5.0

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